What was Tenancy Tribunal case 5138242 about?

The tribunal order states: Joseph Leota must pay Krishna Rani Saha $707.00 immediately, calculated as

How much money was awarded in case 5138242?

Filing Fee: $27.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $1,980.00 awarded to landlord

What type of tenancy dispute was case 5138242?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5138242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11565901-Tenancy_Tribunal_Order.pdf.

What was Tenancy Tribunal case 5138242 about?

The tribunal order states: Joseph Leota must pay Krishna Rani Saha $707.00 immediately, calculated as

How much money was awarded in case 5138242?

Filing Fee: $27.00 awarded to landlord; Property Damage: $20.00 awarded to landlord; Rent Arrears: $1,980.00 awarded to landlord

What type of tenancy dispute was case 5138242?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5138242?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/11565901-Tenancy_Tribunal_Order.pdf.

Room 4, 95A Antigua Street, Addington, Christchurch 8024, Tenancy Tribunal Case 5138242 — Rent arrears

Reasons

Claims and awards in Tenancy Tribunal application 5138242 — net $707.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21 January 2025	$1,980.00	Rent arrears (to 21 January 2025
Lock/key replacement	$20.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$707.00
Total payable by Tenant to Landlord	$707.00

The Landlord attended the hearing. The tenant did not attend.

The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.

A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.

The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)

How much is owed for rent?

The tenancy ended on 21 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. I have made an order accordingly.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.

The tenant did not return the keys. The landlord claims $80 for keys/lock she says she replaced from “stock”. She provided no other evidence in support of this claim. I award $20 for key cutting, being the reasonable cost of replacement keys.

The landlord also claims that other chattels and a smoke alarm were missing but provided no photographs of where the chattels were removed from, or evidence of replacement costs. The claims are dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.

The landlord claims that a wall was damaged at the premises. She did not provide in-going or outgoing photographs. She provided an invoice for partial repair of a wall in a sleepout at the premises, but the invoice predates that date that the landlord says the tenant moved out the property. The landlord has not proved this aspect of its claim. The claim is dismissed.

As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. The landlord was not substantially successful, so I have declined her request for suppression of her details.

Claims and awards in Tenancy Tribunal application 5138242 — net $707.00 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears (to 21 January 2025	$1,980.00	Rent arrears (to 21 January 2025
Lock/key replacement	$20.00	Lock/key replacement
Filing fee reimbursement	$27.00	Filing fee reimbursement
Net award	$707.00
Total payable by Tenant to Landlord	$707.00

Order

Joseph Leota must pay Krishna Rani Saha $707.00 immediately, calculated as shown in table below.
The Landlord’s other claims are dismissed.
The Bond Centre is to pay the bond of $1,320.00 (5990950-004) to Krishna Rani Saha immediately.

Reasons

The Landlord attended the hearing. The tenant did not attend.
The landlord has applied for rent arrears, compensation, refund of the bond, and reimbursement of the filing fee following the end of the tenancy.
A party who brings a claim to the Tenancy Tribunal must prove on the balance of probabilities (more likely than not) that their version of events took place. They must prove that the other party has breached its obligations and the loss (or consequence) they have suffered because of that breach. Independent witnesses, corroborating documents and photographs are an important part of discharging this burden of proof.
The issue of evidence at Tenancy Tribunal hearings was considered by the District Court in Kaipo v Clarke & McCarthy (DC) TT233/02. Judge Mather stated: “...[the applicant] needs to be reminded that like anyone who brings an application before a Tribunal or a Court, it is incumbent upon the applicant to provide the evidence necessary to prove the case. If the applicant fails to do that, then their application will be dismissed whether it has merit or not because it is up to the applicant to provide the necessary evidence. It is not up to the other parties and it is certainly not up to the Tribunal to extract evidence.” (emphasis added)

How much is owed for rent?

The tenancy ended on 21 January 2025. The landlord provided rent records which prove the amount owing at the end of the tenancy. I have made an order accordingly.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not return the keys. The landlord claims $80 for keys/lock she says she replaced from “stock”. She provided no other evidence in support of this claim. I award $20 for key cutting, being the reasonable cost of replacement keys.
The landlord also claims that other chattels and a smoke alarm were missing but provided no photographs of where the chattels were removed from, or evidence of replacement costs. The claims are dismissed.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
The landlord claims that a wall was damaged at the premises. She did not provide in-going or outgoing photographs. She provided an invoice for partial repair of a wall in a sleepout at the premises, but the invoice predates that date that the landlord says the tenant moved out the property. The landlord has not proved this aspect of its claim. The claim is dismissed.
As the landlord was partially successful, I have awarded reimbursement of the Tribunal application fee. The landlord was not substantially successful, so I have declined her request for suppression of her details.

Tenancy Tribunal case 5138242 — Rent arrears at Room 4, 95A Antigua Street, Addington, Christchurch 8024,

At a glance

Tenancy Tribunal case 5138242 — Rent arrears at Room 4, 95A Antigua Street, Addington, Christchurch 8024,

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions